| 1 | A bill to be entitled |
| 2 | An act relating to garnishment; amending s. 222.11, F.S.; |
| 3 | increasing the amount of wages of a head of family that is |
| 4 | exempt from garnishment; providing a form that must be |
| 5 | used for an agreement to waive the exemption from |
| 6 | garnishment; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (2) of section 222.11, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 222.11 Exemption of wages from garnishment.- |
| 13 | (2)(a) All of the disposable earnings of a head of family |
| 14 | whose disposable earnings are less than or equal to $750 $500 a |
| 15 | week are exempt from attachment or garnishment. |
| 16 | (b) Disposable earnings of a head of a family, which are |
| 17 | greater than $750 $500 a week, may not be attached or garnished |
| 18 | unless such person has agreed otherwise in writing. The |
| 19 | agreement to waive the protection provided by this paragraph |
| 20 | must: |
| 21 | 1. Be in the same language as the contract or agreement to |
| 22 | which the waiver relates. |
| 23 | 2. Be contained in a separate document attached to the |
| 24 | contract or agreement. |
| 25 | 3. Be in substantially the following form in at least 14- |
| 26 | point type: |
| 27 | |
| 28 | IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A |
| 29 | CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS |
| 30 | EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE |
| 31 | THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING |
| 32 | BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM |
| 33 | GARNISHMENT. |
| 34 | |
| 35 | ...(Consumer's Signature)... ...(Date Signed)... |
| 36 | |
| 37 | I have fully explained this document to the consumer. |
| 38 | |
| 39 | ...(Creditor's Signature)... ...(Date Signed)... |
| 40 | |
| 41 | In no event shall The amount attached or garnished may not |
| 42 | exceed the amount allowed under the Consumer Credit Protection |
| 43 | Act, 15 U.S.C. s. 1673. |
| 44 | (c) Disposable earnings of a person other than a head of |
| 45 | family may not be attached or garnished in excess of the amount |
| 46 | allowed under the Consumer Credit Protection Act, 15 U.S.C. s. |
| 47 | 1673. |
| 48 | Section 2. This act shall take effect July 1, 2010. |